The author addresses the issues surrounding the right to a fair trial, both pointing out the challenges faced by international criminal tribunals and critically analysing the future prospects of the standards of fairness. Moreover, McDermott enriches the existing literature on the topic, advancing some controversial interpretations of the right to a fair trial and of how it should be guaranteed in international criminal proceedings. Even if the arguments presented are sometimes debatable, they undoubtedly show the strength and originality of McDermott’s contribution to the study of international criminal procedure. Indeed, studying and researching this field of law requires a cutting-edge approach that provokes a debate and helps our critical thinking. Fairness in International Criminal Trials is an essential reading for students of international criminal law as well as practitioners before international criminal tribunals.
Doing so will push the discussion in a more productive direction. This discussion will illuminate that justice ought to extend beyond reactionary retribution and that the dynamic between criminal prosecution and peace is largely under-researched (Clark, 2011). The International Criminal Court (ICC) is an established court of law meant prosecute individuals accused of significant crimes, where national courts are unable or unwilling to (ICC, 2011). The ICC asserts itself as a court of last resort meant to supplement and strengthen national judiciaries. Being an international orga... ... middle of paper ... ...ghts.
TerraViva. Retrieved from http://www.ips.org/icc/ tv010702.htm Structure of the court. (2013). Retrieved from http://www.icc-cpi.int/EN_MENUS/ICC/ STRUCTURE OF THE COURT/Pages/structure of the court.aspx Vlavonou, G. (2013, October 17). Does politics win over justice?.
Hence, it appears that the laws expanded from the offence of deception , are principled within the criminal justice system. Not only does it prevent broadness, vagueness and indeterminacy but it arguable such offences provide depth, clarity and conciseness in order to outline acceptable standards of conduct within society.
There are both provincial and universal benefits to gaining an international perspective on the various legal systems. First, by recognizing that our American legal system is not the only way possible, we become more aware and more critical of that system. When learning of the different processes in socialist and civil legal systems, it puts our own legal system into a new perspective. Not only do we gain this new insight, but an international perspective can foster ideas to improve our system. There is always the possibility that a criminal justice approach used in one country could be successfully implemented in another.
Obviously, International criminal law covers different mechanisms for the suppression of transnational crimes, but this system shows also weaknesses in some cases where human rights factor appears more sensitive. States have the obligation to fight transnational crimes within the framework of cooperation at the same time it is unacceptable matter that human rights infringements while extraditing the suspects. According to these crucial points, human rights factor takes a great deal of importance now more than ever. The American legal realists have commonly stated that defining the correct balance with regard to common interests, recognition of clear mechanisms and standards indicates a high value in t... ... middle of paper ... ...t difficult situations is the non-extradition of nationals especially of those civil law tradition seem more sensitive in this issue. Some commentators suggest that the person’s native land has the authority to punish its citizen prosecuted for any crime despite where this may occur.
The groundwork of how the criminal justice system is laid today, despite some major tweaks and changes along the way, still has remnants of the classical school of criminology. With people having free will, an attraction to crime, the ability to possibly lower crime through fear of reprimand or punishment, and knowing that crime must be severe, certain, and swift, the components of the classical school of criminology are very helpful and powerful (Siegel, 2011, p. 9, para. 1). Specific deterrence is a great tool to use to show the criminal just how severe a punishment can be (Siegel, 2011, p. 100, para. 1).
Research in the criminal justice field is important as it may help identify problem areas and also identify those that need improvement. Also, research may also be conducted to establish policy and principles that can be used as preventive measures. Furthermore, research sets the base for policy making as the implementation provides the opportunity for government agencies to work and operate. According to Garrison, “criminal justice research intends to interpret why crime occurs and in what ways the research could benefit crime reduction” (2009). All in all, criminal justice research has a strong, positive impact on how law enforcement agencies can fight crime and in turn, help reduce the use of financial means, other and provide guidance in doing the job in a correct manner.
It is believed that Transnational Organizations like the Pink Panthers take advantage of economic and trade liberalization, technological advances, communication technology, and international travel. It is important to study the manner in which they do this and to evaluate them apart from local organized crime groups. In efforts of regulating them, the exchange of police information such as fingerprints, photographs and DNA becomes essential. Correspondingly, global mechanisms of control such as the Interpol’s Project Pink Panthers are also key tools for policing such forms of criminality. Albeit, one must also take into account that such efforts are also problematic as different countries ... ... middle of paper ... ...olicing transnational organized crime as it allows these entities to share data and to communicate at a moment’s notice.
1. INTRODUCTION It is the most common perception of people to prosecute and punish those who commit war crimes or atrocities against humanity, nonetheless they should be given a fair trial. A fair trial, free from judicial bias and political pressures is a legal right. The fairness is not only the prerogative of the victims but also the accused for it is an important component of the mandate to the International Court of Justice. To interpret fairness one requires a more holistic concept not just limiting to judicial proceeding but one that effectively helps parties realise their rights under the Rome Statute.